The Center for Science in the Public Interest (CSPI) has submitted a letter to U.S. Food and Drug Administration (FDA) Commissioner Robert Califf urging the agency to prohibit retail distribution of highly concentrated caffeine products, including powdered (PPC), liquid and inhaled caffeine. The recently released letter supplements CSPI’s 2014 citizen petition requesting the ban following the deaths caused by over-ingestion of caffeine powder. FDA sent warning letters to companies selling the substance, but “FDA’s five letters appear to have ceased the sale of powdered caffeine at only the companies to which the agency addressed the letters,” the CSPI document argues. “In the larger marketplace, sales of PPC remain commonplace, and the substance is still widely available. This compelling evidence demonstrates why a ban is the only step that will protect consumers from the hazards of PPC.” Issue 608
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The Ninth Circuit Court of Appeals has affirmed a dismissal of a consumer lawsuit against Costco Wholesale Corp. alleging mislabeling claims against VitaRain Tropical Mango Vitamin Enhanced Water Beverage. Maple v. Costco Wholesale Corp., No. 13-36089 (9th Cir., order entered May 9, 2016). The plaintiff had alleged the product was mislabeled because the product contains added caffeine, precluding the use of “natural” on the label. The district court dismissed the case because the plaintiff did not read the label before purchasing it; on appeal, the plaintiff asserted that he could amend the complaint to add “a subclass of plaintiffs who did read the relevant parts of the label.” Because he did not rely on the label, the plaintiff’s claim failed, and “the potential existence of other classes of which Plaintiff is not a member is irrelevant,” the court found. Further, the “district court abused its discretion by dismissing the action…
The U.S. Food and Drug Administration’s (FDA’s) Center for Food Safety and Applied Nutrition has published a report finding that 77 percent of surveyed adults use the Nutrition Facts label at least some of the time when buying a food product. Intended to help the agency regulate food and dietary supplement labeling, the 11th edition of the FDA Health and Diet Survey relies on data from 2,480 participants interviewed by telephone or cellphone about their use of nutrition labels and understanding of nutrition claims, purchasing practices and general attitudes toward nutrition and health issues. The results highlight consumer attitudes about salt reduction, with almost all respondents agreeing “the nation eats more salt than we should.” Of these, 50 percent believe individuals are most effective in curbing their own salt consumption, while 25 percent believe the responsibility lies with food manufacturers and retailers, 5 percent with restaurants, and 5 percent with…
U.S. Sen. Chuck Schumer (D-N.Y.) is urging the U.S. Food and Drug Administration (FDA) to investigate the increased availability of caffeinated foods in light of a new peanut butter product containing 150 mg of caffeine per 2-tablespoon serving. “The FDA should take immediate action and investigate whether this caffeine product should be pulled from shelves,” Schumer said. “To think that peanut butter, one of the snacks most closely associated with children, might have to be stored in the medicine cabinet as opposed to the kitchen cabinet should serve as a jolt to the FDA.” See Press Release of Sen. Chuck Schumer, November 8, 2015. According to the manufacturer’s website, STEEM Caffeinated Peanut Butter contains no artificial sweeteners and “as much caffeine as two cups of coffee, so stick with the normal serving suggestions for the best effect.” The site cautions that feeding the product to domestic animals could “lead to…
The U.S. Food and Drug Administration (FDA) has issued five warning letters to the distributors of pure powdered caffeine, citing two fatalities linked to caffeine toxicity as evidence that the products “are dangerous and present a significant or unreasonable risk of illness or injury to consumers.” Equating 1 teaspoon of pure caffeine to 25 cups of coffee, FDA also warns consumers not to purchase or use powdered caffeine as “it is nearly impossible to accurately measure pure powdered caffeine with common kitchen measuring tools and you can easily consume a lethal amount.” In particular, the agency plans to “aggressively monitor the marketplace” for pure powered caffeine being sold as a dietary supplement. The warning letters not only find the products adulterated under the Federal Food, Drug, and Cosmetic Act, but argue that labeling directs consumers to use difficult measurements such as one-sixteenth of a teaspoon. “Consumers are unlikely to have…
Buckfast Abbey, an English monastery approaching its millennial anniversary, has drawn criticism for its production of a sweet caffeinated wine, The New York Times reports. The beverage, which the abbey sells in 750-milliliter bottles through a distributor, is 15 percent alcohol and contains more than 300 milligrams of caffeine. The fortified wine was originally sold as a tonic, intended for medicinal purposes, but in recent years has gained popularity in Scotland among young people. Critics cite a 2009 report for the Scottish prison service that purportedly found that four in 10 young offenders ranked Buckfast tonic wine as their favorite drink, and 43.3 percent of respondents said they consumed the beverage before committing a crime. “There is no doubt that caffeine-alcohol mixers make wide-awake drunks,” a physician and member of Scottish Parliament, Richard Simpson, told the Times. “If you drink enough alcohol you eventually become comatose, but if you combine…
The European Food Safety Authority (EFSA) has published its final caffeine risk assessment, concluding that “single doses of caffeine up to 200 mg” and “habitual caffeine consumption up to 400 mg per day does not give rise to safety concerns for non-pregnant adults.” Following a two-month consultation, the EFSA Panel on Dietetic Products, Nutrition and Allergies (NDA Panel) issued a scientific opinion considering “possible interactions” between caffeine and energy drink constituents, alcohol, p-synephrine, and physical exercise. The data evidently indicated no safety concerns when non-pregnant adults consume up to 200 mg of caffeine (i) less than 2 hours before intense physical exercise, (ii) in combination with energy drink ingredients such as taurine or d-glucurono-γ-lactone at typical concentrations, or (iii) in combination with alcohol at doses up to 0.65 g/kg body weight (bw). “The single doses of caffeine considered to be of no concern for adults (3mg/kg bw per day) may…
The estate of Logan Stiner, an Ohio teenager who died in May 2014 after ingesting pure caffeine powder purchased from Amazon, has filed a lawsuit against the online retailer and the companies that manufacture and market the powder. Stiner v. Amazon.com Inc., No. 15CV185837 (C.P. Lorain Cty., filed March 6, 2015). According to the complaint, “pure caffeine is a drug” under Ohio law, but the powder manufacturers have “successfully avoided meaningful regulation of [the] product by the U.S. Food and Drug Administration (FDA) by classifying their product as a ‘dietary supplement,’” which leaves them “responsible for determining that pure caffeine powder is safe.” The companies “failed to alert users of the known risks and side effects of ingesting caffeine powder, including the risk of cardiac arrhythmia and cardiac arrest,” the reaction that killed Stiner, the complaint says. The estate also alleges that the companies did not conduct adequate testing of…
The European Food Safety Authority (EFSA) has announced a March 5, 2015, stakeholder meeting to discuss its draft opinion on the safety of caffeine. Authored by the agency’s Nutrition Unit, the draft opinion finds, among other things, that “single doses of caffeine up to 200 mg and daily intakes of up to 400 mg do not raise safety concerns for adults.” It also considers the following: (i) “caffeine consumption during pregnancy, and adverse health effects on the fetus”; (ii) “acute and long-term effects of caffeine consumption on the central nervous system (e.g. sleep, anxiety, behavioral changes) in adults, adolescents, and children”; (iii) “long-term adverse effects of caffeine consumption on the cardiovascular system in adults”; (iv) “acute effects of caffeine consumption in ‘energy drinks’ and risk of adverse health effects in adolescents and adults involving the cardiovascular and central nervous systems, particularly when consumed within short periods of time, at high…
Sens. Edward Markey (D-Mass.), Dick Durbin (D-Ill.) and Richard Blumenthal (D-Conn.) have released a report asserting that while 12 of 16 companies that responded to a series of questions from the lawmakers have made progress in reducing marketing and promotion activities targeting children younger than age 12 and children in K-12 school settings, they have failed to voluntarily eliminate such efforts geared toward teenagers (ages 13-18). “Despite energy drink makers’ claims of not marketing their products to teenagers, a quick glance at social media or a drop by at a local concert shows that those claims just aren’t based in fact,” Senator Durbin was quoted as saying. “The truth is that in the absence of federal regulation, energy drink companies are using effective marketing tactics to reach young people—and sadly it’s working. It is past time for this industry to heed the advice of public health experts across the country…
